S T A T E O F N E W Y O R K
________________________________________________________________________
10071
I N A S S E M B L Y
March 14, 2018
___________
Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
exempting manure deposited incidentally from noisome or unwholesome
substances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 71-3501 of the environmental conservation law is
amended to read as follows:
§ 71-3501. Putting noisome or unwholesome substances or maintaining
noisome business on or near highway.
A person, who deposits, leaves or keeps, on or near a highway or route
of public travel, either on the land or on the water, any noisome or
unwholesome substance, or establishes, maintains or carries on, upon or
near a public highway or route of public travel, either on the land or
on the water, any business, trade or manufacture which is noisome or
detrimental to public health, is guilty of a misdemeanor, punishable by
a fine of not less than one hundred dollars, or by imprisonment not less
than three nor more than six months, or both. A PERSON SHALL NOT BE
GUILTY OF A MISDEMEANOR UNDER THIS SECTION IF MANURE IS INCIDENTALLY
DEPOSITED ON OR NEAR A HIGHWAY BY SUCH PERSON, BY LIVESTOCK OWNED BY
SUCH PERSON OR BY AGRICULTURAL EQUIPMENT OWNED OR USED BY SUCH PERSON.
MANURE SHALL BE DETERMINED TO BE DROPPED INCIDENTALLY IF, DURING THE
COURSE OF TRANSPORTING LIVESTOCK OR TENDING TO LIVESTOCK, MANURE IS
UNKNOWINGLY DEPOSITED ON OR NEAR A HIGHWAY.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14312-03-8